Barnett v. Luther
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts. [In admiralty. Libel by Andrew Barnett against Daniel B. Luther for assault. The district court gave a decree for respondent, (unreported.) Libellant appeals. This was an appeal from the district court by the libellant, in a cause of damage.
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[Appeal from the district court of the United States for the district of Massachusetts. [In admiralty. Libel by Andrew Barnett against Daniel B. Luther for assault. The district court gave a decree for respondent, (unreported.) Libellant appeals. This was an appeal from the district court by the libellant, in a cause of damage. The libellant was a seaman on board the bark Mary R. Barney, and alleged in his libel an assault by the master and mate of that vessel, for which he claimed damages. The facts appear in the opinion of the court.
1Opinion of the Court
CUBTIS, Circuit Justice.
It appears, from the evidence in this 'Case, that the libellant had been engaged in painting the mizzenmast head, and when he came down to dinner, left the paint-pot so carelessly secured, that by the motion of the vessel the paint was thrown down on the house. The master ordered the man to be called from the forecastle; and when he came on deck, the mate ordered him to go aloft and take his paint-pot down. The man went; but as he passed aft, he used insolent language towards the officers, who were all on deck. The master ordered him to be silent, and told him he would…
2Cited by4 opinions
- Munson v. Straits of Dover S. S. Co.Court of Appeals for the Second Circuit · 1900
- Acevedo-Luis v. ZayasCourt of Appeals for the First Circuit · 2007
- In re California Nav. & Imp. Co.District Court, N.D. California · 1901
- Munson v. Straits of Dover S. S. Co.District Court, S.D. New York · 1900